Notice & Comment

Notice & Comment

Notice & Comment

De-Funding Sanctuary Cities, by Bernard W. Bell

Sanctuary cities protect undocumented aliens by adopting policies regarding: (1) inquiries into immigration status, (2) immigration-related detentions, or (3) information-sharing with federal officials. On January 25, President Trump issued Executive Order 13768, which threatens to withhold federal funds from jurisdictions that violate 8 U.S.C. §1373.[1] Section 1373, part of the Illegal Immigration Reform and Immigrant Responsibility […]

Notice & Comment

What happens next to the ACA?

This post was co-authored with Rachel Sachs, a law professor at Washington University School of Law. It has been cross-posted at Take Care, a new blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. In his speech after withdrawing the Republican health care bill from consideration on Friday, Speaker of […]

Notice & Comment

Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent, by Asher Steinberg

This is part two of a three-part series on Judge Gorsuch. Does Judge Gorsuch care about precedent? The question might seem like asking if Judge Gorsuch cares about stray kittens – of course he cares about precedent. After reading his administrative-law opinions, though, one can wonder. Padilla-Caldera II In Padilla-Caldera v. Gonzales (“Padilla-Caldera I”), the Tenth […]

Notice & Comment

Returning Attention to State ACA and Medicaid Waivers

Now that the potential repeal of Obamacare is off the table (at least for a while), it’s worth turning attention (by all stakeholders) to one of Obamacare’s provisions crafted to accommodate approaches advocated across the political spectrum as well as the balance between local and national scale: Section 1332 State Innovation Waivers and Section 1115 […]

Notice & Comment

Confusion over essential health benefits

The post has been revised to take into account feedback on how best to understand the manager’s amendment. Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act, including changes to the rules governing the essential health benefits. With these tweaks, the House hopes to pass the bill today. House […]

Notice & Comment

CFP: Chapman Law Review’s Constraining the Executive Branch Symposium

Here’s the call for papers: The Chapman Law Review is pleased to invite article submissions on the theme: “Constraining the Executive Branch.” Publications will appear in a symposium edition, and authors will receive an honorarium. The executive branch is often criticized for overreaching its powers. Legal issues arise regarding constraining such powers through legislation and […]

Notice & Comment

Gorsuch on Chevron Deference, Round II

In a post entitled Gorsuch on Chevron, Eric Posner has posted the brief Q&A on Chevron deference from the first round of questioning of Judge Gorsuch before the Senate Judiciary Committee. For adlaw geeks, this exchange is definitely fascinating. During secound round, however, Judge Gorsuch went into much greater detail regarding his views on Chevron deference. […]

Notice & Comment

Sherley You’re Joking

In a provocative post from last week, Adam White argued that the D.C. Circuit’s 2012 decision in Sherley v. Sebelius could create difficulties for parties who challenge agency actions taken pursuant to President Trump’s executive orders. Adam makes some good points, but I think Sherley is so badly reasoned that its holding ought to count […]

Notice & Comment

Spring Meeting Dates on Marketable Permits (ACUS Update)

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]